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to any particular jurisdiction, so that the work has more than a mere local value. Sustaining the text are cases cited from the jurisdictions of the several states and arranged alphabetically.
John Alfred Kelly.
Handbook of the Law of Private Corporations. By William L. Clark,
Jr. Third Edition by I. Maurice Wormser, of the New York Bar.
Series. West Publishing Co. St. Paul. 1916. pp. xiii, 913. The first edition of this work was published in 1897. The author described it as a work “not intended to deal with corporation law in its application to particular corporations, but only with the rules and principles applicable to corporations generally.” The arrangement of the text was excellent, and was considered so adequate that the second edition followed it with little change.
In this third edition the text has been revised and enlarged to meet the rapid development in the law of corporations during the last ten years. The work has been improved by the addition of many references to recent articles in the law reviews and magazines, and in addition to the official citations, references are made to the various unofficial reports and collections of cases. About twenty-five more cases have been cited than were included in the previous edition. The notes have been amplified and the citations on every point have been brought down to date. In the notes those cases which are considered by the author leading authorities on the subject are printed in capitals.
The leading principles are set forth in heavy faced type; this makes the book of great aid to the student in a review of the subject, though it may also tempt him to a superficial use of the book. The work will also prove of value to the practicing lawyer because of the numerous cases cited and the very exact conclusions drawn from them. The book has been carefully prepared and in its new edition will undoubtedly be much used.
William E. Vogel, '19.
A Treatise on Federal Impeachments. By Alex. Simpson, Jr., LL.D.,
of the Philadelphia Bar. The Law Association of Philadelphia.
1916. Pp. 230. After preparing the first portion of this book as a brief in connection with the Archbald impeachment trial, the author was requested to put the matter in book form, as a result of which this volume was published. The book opens with a consideration of the debates which preceded the adoption of those constitutional provisions which relate to impeachment. Then some of the important questions in connection with impeachment are dealt with. The first question is as to the capacity in which the senate sits on the trial of an impeachment. The author concludes that it sits as a court.
The main portion of the book is taken up with a discussion of the nature of the offences which may result in impeachment. Other interesting questions touched upon are whether an officer can be impeached for offences committed before his induction into office, and whether he may be impeached after he ceases to be an officer. There is also a short paragraph on the rules of evidence to be followed in an impeachment trial.
As an impeachment trial takes much of the senators' time, it is suggested that a change in procedure would be a good thing, and this naturally leads to a discussion of the adequacy of impeachment as a remedy. It is pointed out that impeachment, as a practical remedy, applies only to judges, and that it is not altogether desirable to have them tried by the Senate. A better plan, in the writer's opinion, would be to have District Judges tried by the appropriate Circuit Court of Appeals, and all other judges, except Supreme Court Judges, by the Supreme Court itself. The Supreme Court Judges would still be tried by the Senate.
The appendix, which constitutes two-thirds of the volume, contains an abstract of the articles of impeachment in all the Federal impeachments in this country, and of all the impeachments in England, and suggested rules of procedure and practice for the senate in impeachment cases. One of the most important of these suggested rules is that, except when the President, Vice-President, or Justices of the Supreme Court are impeached, evidence shall be taken before three of the Judges of the Court of Appeals of the District of Columbia. The advantages in this are that judges are better fitted to pass upon questions of evidence than are senators, and that a great deal of the senate's time would be saved.
Though there have been few United States impeachment trials, the subject is an interesting one. To a counsel in an impeachment trial the book would be of special value, for many good arguments are advanced, and numerous authorities cited, and reference may easily be made to the articles of impeachment contained in the appendix.
Charles V. Parsell, Jr., '19.
Cases on the Law of Private Corporations. By Daniel Frederick
Burnett, Professor of Law in New York University. Boston.
Little, Brown and Co., 1917. pp. xxix, 828. The selection and arrangement of topics does not differ radically from that of previous authors. There was no need, if indeed there was room, for a marked departure in that respect. The striking features of Professor Burnett's book are the brevity of the cases-as corporation cases run, they are decidedly short-and the abundance of the notes. The brevity of the cases is a clear advantage, not only because it permits a good deal of ground to be covered in less than 800 pages, but because short cases contribute something of cheerfulness to a student's daily work. The notes, with the 30-page index and the 28-column Table of Cases Cited, are not far from making the book a small text. A teacher would find them useful constantly, and a practitioner repeatedly, and "in no instance are they designed to relieve the student from doing his own thinking and rendering his own appraisement." Yet there is room to fear that a student would occasionally find them too useful, as reducing that tendency to worry a case which is half the value of case-book study.
The physical excellence of a Little, Brown and Co. book-clear type on good paper, and a sheep-colored buckram binding that is a pleasure to the eye and the hand-attract one strongly and cannot fail to be an advantage.
Cases on the Law of Property: Vol. 1-Personal Property. By
Harry A. Bigelow, Professor of Law in the University of Chicago.
Vol. IIITitles to Real Property. By Ralph W. Aigler, Professor of Law in the University of Michigan. West Publishing Co., St. Paul.
1916. PP. XX, 953. These two volumes are part of a set of five casebooks on the Law of Property, which are to appear in the American Casebook Series, Dean William R. Vance, of the University of Minnesota Law School, being general editor of the series. Volume V, dealing with “Wills, Descent and Administration,” is already in print, but Volumes II and IV, on "Rights in Another's Land," and "Future Interests," respectively, are still in course of preparation.
The first chapter of the Casebook on Personal Property is entitled “Distinction Between Real and Personal Property," but the teacher turning to this capter will, perhaps, be a little disappointed to find that it contains only a two page quotation from Williams on Personal Property. He is likely to think that some cases might well have been here introduced illustrating the importance of this distinction. Also he may regret that there is no case material dealing with the classification of freehold estates as real property, and of estates less than freehold as personal property, a distinction which seems so anomalous to the student beginning the study of law. He may further feel that here would be a good place for the consideration of the doctrines of property in game and fish, which do not appear to be treated in either of the volumes under discussion.
Of the following chapters of the Personal Property Casebook, however, the reader will have no similar complaint to make. The editor in his prefatory note expresses the fear that the second chapter, on "Rights of Action Based on Possession or Ownership,” may seem unnecessarily long, but the teacher, at least, will readily agree with him that "the relation between the so-called substantive rights and forms of action is
so intimate that the student's attention cannot be too soon called thereto," and will feel that sixteen cases are not too many for this purpose.
The material in the two following chapters on “Possessory Interests in Chattels," and on "Acquisition of Ownership," is so arranged that the teacher may take up the latter chapter first if he so desires. The fifth and sixth chapters deal with "Fixtures," and "Emblements,” subjects which are usually included in works on real property, but which may be quite as satisfactorily dealt with in the present connection.
The cases in this collection are well chosen and well edited. No undue sanctity seems to attach in the editor's mind to English cases, nor, on the other hand does he show any of that foolish aversion to them which is evident in some modern casebooks. It is believed that this collection will be found very useful in our law schools.
Professor Aigler's casebook on "Titles," although the third volume in the series on Property, is really designed, as the
editor tells us in his prefatory note, to be used as "the basis of the beginning course in Property,” if so desired. The title of the book is not entirely enlightening as to its contents, although this fact is easily explainable on the ground that any title which would be fully descriptive would also be unduly combersome.
As we should expect, there are chapters on "Possessory Titles," “Prescription" and "Accretion;" also chapters on “Mode of Conveyance” at common law and under the Statute of Uses, and on "Execution of Deeds," "Covenants for Title," "Estopped by Deed," and “Priorities.” There are besides, however, a chapter of nearly two hundred pages entitled "Estates Created," and another of eighty pages entitled "Creation of Easements by Implication.” Although the title of the work would not necessarily point to a chapter on the nature of estates, it is quite clear that this is the proper place in the Real Property series for the treatment of this subject, and that the space devoted to it is reasonable proportionate to its importance. It is not quite clear, however, that the present collection is the proper place for a chapter on easements by implication. Would not such a chapter find a place more appropriately in Volume II of the series, which is to deal with "Rights in Another's Land," and, therefore, presumably with the general subject of easements?
The reviewer has looked in vain for cases dealing with rights in streams, and percolating water, in ice and minerals, and in the superjacent air. These subjects would seem to fall within the scope of the present work as reasonably as do the general problems of estates-certainly they could be dealt with here much more reasonably than in any of the other books of the Real Property series. On the whole, however, the book seems a useful one, carefully edited. well balanced, and rich with suggestive foot notes.
Legal Phases of Corporation Financing, Reorganization and Regulation.
By Francis Lynde Stetson and Others. Macmillan & Company,
New York. Bostwick's Lawyer's Manual, second edition. By Charles F. Bostwick.
Matthew Bender & Company, Albany. Cases on Legal Ethics. By George P. Costigan. West Publishing
Company, St. Paul. Oregon Minimum Wage Cases. Brief for Defendants in Error. By
Felix Frankfurter and Josephine Goldmark. National Con
sumers' League, New York. The Law and Practice in Bankruptcy. By William Miller Collier.
Eleventh Edition by Frank B. Gilbert. Matthew Bender &
Company, Albany. A Treatise on the Law of Conversion. By Renzo D. Bowers. Little,
Brown & Company, Boston. Inheritance Taxation. By Lafayette B. Gleason and Alexander Otis.
Matthew Bender & Company. Albany. Cases on Future Interests. By Albert M. Kales. West Publishing
Company, St. Paul.